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Mitchell v. State

District Court of Appeal of Florida, Fourth District
Mar 13, 1991
575 So. 2d 798 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-0131.

March 13, 1991.

Appeal from the Circuit Court for Palm Beach County; Michael D. Miller, Judge.

Richard L. Jorandby, Public Defender, and Mallorye G. Cunningham, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Saltiel, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm appellant's convictions and his sentence as a habitual offender under section 775.084, Florida Statutes. The trial court's inquiry as to appellant's desire to discharge his court-appointed attorney was sufficient to enable the court to determine that there was no reasonable cause to believe a valid reason for discharge existed. Nelson v. State, 274 So.2d 256 (Fla. 4th DCA 1973); Williams v. State, 427 So.2d 768 (Fla. 2d DCA 1983). Additionally, we find no merit in appellant's challenge to the constitutionality of the habitual offender statute. The statute does not create a new substantive offense based on one's status as a habitual offender by eliminating gain time and parole consideration, but rather the enhanced punishment is only an incident to the offense charged. Eutsey v. State, 383 So.2d 219 (Fla. 1980); Horne v. State, 566 So.2d 77 (Fla. 4th DCA 1990); Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990); Leggett v. State, 563 So.2d 838 (Fla. 4th DCA 1990).

GLICKSTEIN and STONE, JJ. and WALDEN, JAMES H., (Retired), Associate Judge, concur.


Summaries of

Mitchell v. State

District Court of Appeal of Florida, Fourth District
Mar 13, 1991
575 So. 2d 798 (Fla. Dist. Ct. App. 1991)
Case details for

Mitchell v. State

Case Details

Full title:LARRY MITCHELL, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 13, 1991

Citations

575 So. 2d 798 (Fla. Dist. Ct. App. 1991)

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